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Agreement For Easement Right Of Way Template for England and Wales

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Key Requirements PROMPT example:

Agreement For Easement Right Of Way

"Need an Agreement for Easement Right of Way to grant access rights over my agricultural land to a neighboring farm owner for their tractors and machinery, with specific provisions about maintenance costs and restrictions on usage during harvest season starting March 2025."

Document background
An Agreement for Easement Right of Way is essential when one property owner needs formal access rights over another's land. This document, governed by English and Welsh law, is commonly used in situations ranging from shared driveways to utility access routes. The agreement precisely defines the extent of the right, maintenance obligations, and usage restrictions. It provides legal certainty for both parties and their successors in title, helping prevent future disputes and ensuring clear property rights. The document must comply with the Law of Property Act 1925 and typically requires registration at the Land Registry.
Suggested Sections

1. Parties: Details of the grantor and grantee of the easement

2. Background: Context of the agreement and description of the properties involved

3. Definitions: Key terms used throughout the agreement including legal descriptions of properties and rights of way

4. Grant of Rights: Specific rights being granted, their extent, and conditions of use

5. Duration: Term of the easement and conditions for continuation

6. Maintenance Obligations: Responsibilities for maintaining the right of way, including cost sharing arrangements

7. Restrictions: Limitations on the use of the right of way and prohibited activities

Optional Sections

1. Payment Terms: Details of any consideration or ongoing payments for the easement rights

2. Insurance: Requirements for public liability insurance and other relevant coverage

3. Development Rights: Provisions regarding future development of either property and impact on easement

4. Termination: Circumstances and procedures for terminating the easement

Suggested Schedules

1. Schedule 1 - Plan: Detailed plan showing the exact route and dimensions of the right of way

2. Schedule 2 - Property Details: Legal description and title information for both dominant and servient tenements

3. Schedule 3 - Maintenance Schedule: Detailed maintenance obligations, standards, and frequency of maintenance

4. Schedule 4 - Rights Schedule: Comprehensive list of permitted uses, times of access, and specific conditions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Industries

Law of Property Act 1925: Primary legislation governing creation of legal easements, including sections 1(2) and 62, setting out requirements for creation of legal easements and registration requirements

Land Registration Act 2002: Covers requirements for registration of easements, priority rules, and protection of rights in registered land

Land Charges Act 1972: Governs registration of rights over unregistered land

Common Law Requirements: Establishes four essential characteristics: must have dominant and servient tenements, must accommodate the dominant tenement, owners must be different persons, must be capable of forming subject matter of grant

Prescription Act 1832: Relevant for establishing historical rights and prescriptive easements

Access to Neighbouring Land Act 1992: Governs rights of access to neighboring properties

Town and Country Planning Act 1990: Planning law considerations affecting easements and rights of way

Infrastructure Act 2015: Relevant when easements involve public infrastructure or utilities

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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